2018 SESSION

A BILL to amend and reenact § 54.1-2522.1, as it is currently
effective, of the Code of Virginia, relating to prescribing of opioids; limit;
surgical or invasive procedure.

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Patron-- Dunnavant

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Referred to Committee on Education and Health

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Be it enacted by the General Assembly of Virginia:

1. That § 54.1-2522.1, as it is currently effective, of the
Code of Virginia is amended and reenacted as follows:

§ 54.1-2522.1. (Effective until July 1, 2022) Requirements of
prescribers.

A. Any prescriber who is licensed in the Commonwealth to treat
human patients and is authorized pursuant to §§ 54.1-3303 and 54.1-3408 to
issue a prescription for a covered substance shall be registered with the
Prescription Monitoring Program by the Department of Health Professions.

B. A prescriber registered with the Prescription Monitoring
Program or a person to whom he has delegated authority to access information in
the possession of the Prescription Monitoring Program pursuant to § 54.1-2523.2
shall, at the time of initiating a new course of treatment to a human patient
that includes the prescribing of opioids anticipated at the onset of treatment
to last more than seven consecutive days, request information from the Director
for the purpose of determining what, if any, other covered substances are
currently prescribed to the patient. In addition, any prescriber who holds a
special identification number from the Drug Enforcement Administration
authorizing the prescribing of controlled substances approved for use in opioid
addiction therapy shall, prior to or as a part of execution of a treatment
agreement with the patient, request information from the Director for the
purpose of determining what, if any, other covered substances the patient is
currently being prescribed. Nothing in this section shall prohibit prescribers
from making additional periodic requests for information from the Director as
may be required by routine prescribing practices.

C. A prescriber shall not be required to meet the provisions
of subsection B if:

1. The opioid is prescribed to a patient currently receiving
hospice or palliative care;

2. The opioid is
prescribed to a patient as part of treatment for a surgical or invasive
procedure and such prescription is for no more than
14 consecutive days;

3.
The opioid is prescribed to a patient during an inpatient hospital admission or
at discharge;

4. 3. The
opioid is prescribed to a patient in a nursing home or a patient in an assisted
living facility that uses a sole source pharmacy;

5. 4. The
Prescription Monitoring Program is not operational or available due to
temporary technological or electrical failure or natural disaster; or

6. 5. The
prescriber is unable to access the Prescription Monitoring Program due to
emergency or disaster and documents such circumstances in the patient's medical
record.